Business and Regulatory Impact Assessment for Scotland's Trafficking and Exploitation Strategy 2025

Options

Three main options were considered:

1. No Action – Not viable. This would fail to meet statutory duties under the Human Trafficking and Exploitation (Scotland) Act 2015 and would allow preventable harm to continue.

2. Regulatory Intervention – Considered but not taken forward at this stage. A regulatory approach may be appropriate in future but is not currently favoured. There are some regulatory interventions already in place in Scotland, for example aspects of section 54 of the Modern Slavery Act 2015.

3. Non-Regulatory Action (Preferred Option) – This builds on partnership, voluntary guidance, and targeted awareness-raising. This approach remains in line with Better Regulation principles: proportionate, consistent, and focused on outcomes rather than implementing additional burdens.

Sectors affected

Sectors with elevated vulnerability include agriculture, fisheries, hospitality, food delivery services, construction, and social care. These sectors may rely on low-paid, agency, or migrant labour with limited protections, for instance through an inability to ensure appropriate employment and human rights are met when labour is sourced through third parties. Exploitation may occur through subcontracting, poor recruitment practices, or forced labour.

Engagement

Engagement has been wide-ranging and ongoing throughout the development of the Strategy and accompanying delivery plan. This has included including academics, third sector organisations, public authorities, and survivor networks. The Strategy is also informed by a series of evidence reviews carried out by the Scottish Government’s Justice Analytical Services (JAS), exploring current understanding of prevention strategies and interventions in relation to human trafficking and exploitation in the United Kingdom (UK) and other existing forms of research and evidence.

Following its publication in 2025, the Strategy has continued to be informed through engagement with stakeholders. Recognising the importance of understanding the business context, the Scottish Government undertook engagement with organisations representing key business interests.

Engagement included discussions with Scotland Against Modern Slavery (SAMS), the dissemination of the Strategy and associated opportunities for businesses and representative organisations to provide views on the potential impacts of the Strategy.

Businesses were invited to comment on potential implementation costs, administrative burdens, unintended consequences, and any practical barriers arising from the Strategy. Stakeholders did not identify any direct regulatory costs or significant adverse impacts arising from the implementation of the Strategy

This engagement has informed the completion of this final BRIA and provides additional assurance that the conclusions reached in the partial assessment remain appropriate.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

Expected positive impacts include increased victim identification and greater public awareness. Given that regulation about transparency in supply chains (TISC) is already in place and being implemented in Scotland, we do not expect businesses to experience any negative or unintended consequences. Businesses in scope of section 54 of the Modern Slavery Act are supported through guidance, public resources, and sectoral support. No statutory compliance burden is imposed under the strategy.

Enforcement/ compliance

The Strategy is founded upon partnership working and collaboration and is based on guidance, awareness, and alignment with existing legal duties. As part of the implementation plan for the revised Strategy awareness raising of trafficking, and in particular of labour exploitation, will be undertaken in conjunction with business groups. No new statutory enforcement mechanisms are introduced. Police Scotland, Crown Office, local authorities and the Fair Work Agency (FWA) retain enforcement roles under existing law. The approach is consistent with previous policies and places emphasis on promoting compliance through partnership.